PIL seeks direction for recovery of partition time debt from Pakistan, Delhi HC says it's a 'policy matter'
Mar 21, 2022
New Delhi [India], March 21 : A Public Interest Litigation (PIL) was moved in the Delhi High Court seeking direction to Union of India for recovery of debt amount from Pakistan due from partition time.
The petition sought a direction to the Union of India through the Ministry of Finance to take up the matter immediately with the Pakistani Authorities and for repayment of the debt. There was a pre-partition debt of Rs. 300 crore along with interest and penal interest as per rules of Indian banking system, stated the petition.
The bench of Justice Vipin Sanghi and Justice Navin Chawla on Monday while disposing of the petition said it is a policy decision of the Government of India.
The petitioner Om Sehgal, a businessman, 71 years of age, having the profession of Audio-Visual Production states that according to the partition agreement between India and Pakistan, for 'movable assets and liabilities' of United India, India was to pay to Pakistan Rs. 75 Crore while Pakistan was to pay a sum of Rs. 300 Crore to India --- as is clear from the speech of R.K. Shanmukham Chetty, Minister of Finance, who introduced the budget for the years 1948-49.
India gracefully paid its part of the pre-partition debt of Rs. 75 Crore promptly, in just 6 months of getting independence. But Pakistan has not paid its dues yet, though 75 years have gone. Not even a single, 'annual instalment' out of the Principal amount. Also, Pakistan has not paid the interest, said the petitioner.
India is still an underdeveloped country and the requirement of finances is huge. Therefore the money that belongs to India, can not be squandered away. This amount of money is not from any Institute but It is the money 'which belonged to infant India', the plea said.
The money which belongs to India and Indians must be recovered at the earliest. Pakistan has already illegally captured about one lakh sq km of land and not demanding back the debt from Pakistan would encourage Pakistan's intentions of not paying back debt. It is people's money, they have a right to demand its return and the people of India can't be made to suffer because the leaders then, were not diligent, the plea read.
